Terms - Camara Blue

Philosophy

The copyright in these Philosophy sections and the material on these Philosophy sections (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Camara Blue.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Camara Blue’s prior written permission.

Health & Nutrition
You understand and agree that you are using and will implement these Health & Nutrition sections at your own risk. The information provided is “as is,” and to the fullest extent permitted by law, Camara Blue expressly disclaims any and all warranties and representations, express and implied, including but not limited to any warranties and representations of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein.

Photograph licence agreement
1. GRANT OF LICENCE
In consideration of payment to us of the licence fee marked against each product (Licence Fee) payable on order of the said product (the Photograph) and for other good and valuable consideration, Camara Blue (hereinafter referred to as either we, us, our) hereby grants to you a non-exclusive licence to use the Photograph for the full period of copyright in it including all periods of renewal, extension and revival of the copyright and thereafter in perpetuity and all necessary consents including under the Copyright, Designs and Patents Act 1988 as amended from time to time or any enactment that replaces it to enable you to change, publish, distribute, exhibit, use and otherwise exploit the Photograph whether alone or incorporated in or in conjunction with other works worldwide only (Territory) and may not reproduce the Photograph more than 100,000 times (Licensed Rights).

2. LICENSOR’S UNDERTAKINGS
2.1 We hereby warrant and undertake that:
(a) we shall provide the Photograph to you in the format and dimensions stated on the order form;
(b) we are the sole owner of the Licensed Rights and have full authority to enter into this licence agreement;
(c) the Photograph does not, to our reasonable knowledge and belief, incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not, to our reasonable knowledge or belief, place any person in contempt of court nor in breach of any provision of any statute;
(d) we are not aware of any claim by any third party that the Photograph or any pre-existing material incorporating the Photograph or included within the Photograph, or the exploitation of the Photograph by either of us, has infringed or will infringe any rights of any third party and we agree to immediately inform you if we become aware of any such claim.

3. LICENSEE’S OBLIGATIONS
3.1 You hereby agree that:
(a) you shall not make the Photograph available for re-sale, download or copy by any other third party;
(b) you shall not exercise the Licensed Rights in any way that is or renders the Photograph obscene, defamatory or in breach of the privacy or any other rights of a third party or of any law in the Territory;
(c) you shall not without our prior approval amend, adapt, use or position the Photograph so as to suggest that you or any of the persons appearing in the Photograph endorse any commercial product or service or any political party or belief or use tobacco or alcohol or drugs without our prior approval in writing;
(d) you shall secure all third-party permissions and clearances as is necessary to enable you to exercise the rights granted to you under this agreement;
(e) you indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in this agreement.

4. LIABILITY
We will not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if we have been advised of the possibility of such damages, costs or losses. Our liability is limited to the fullest extent permissible by law.

5. RIGHT TO ASSIGN
We shall be entitled to assign or license all the rights granted to us under this agreement to any third party. You shall not be entitled to assign or sub-license your rights under this agreement.

6. GOVERNING LAW
This letter agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

7. JURISDICTION
You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
By proceeding with the order it shall be taken that you expressly or otherwise impliedly agree to the terms of this licence.